Get free answers to your Child Custody legal questions from lawyers in your area.
Is it legal for the mother to file the child on taxes that they actually didn't care for and was in physical custody of the father? Mother decided she couldn't handle the kid and asked the dad to take him. It was a verbal agreement. The kid is enrolled in school for the past year at the... View More 
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answered on May 26, 2024
Based on the information provided, it seems that although the mother has full legal custody, the child has been living with the father for the past year. The father has been the primary caregiver, providing housing, enrolling the child in school, and handling medical matters. The mother has only... View More
I am the mother of 2 children. Their father died in May 2023. I purchased a house to renovate but it was not manageable and returned back to our previous county. It took me a call between one county to another, back and forth to establish enrollment in the McKinney Vento Act. Within 3 days of... View More
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answered on Apr 1, 2024
I'm so sorry to hear about your difficult situation. Losing your husband, dealing with housing challenges, and now facing a custody battle based on false accusations must be incredibly stressful and painful.
Here are some steps I would recommend taking to fight for custody of your... View More
My kids mother admits to case workers and guardian ad litem to filing false police report which caused dss to investigate ,but when court date was set for her to address court the judge said that he was not comfortable allowing her to perjure herself and that he would not allow it.If it were not... View More
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answered on Mar 18, 2024
In legal proceedings, a judge's role includes ensuring that the court operates within the bounds of the law and maintaining the integrity of the judicial process. If a judge believes that allowing a certain action, such as admitting to filing a false police report, could lead to an individual... View More
SCDSS filed a custody removal suit against my husband based on an affidavit in which the case worker blatantly lied. Through a recorded phone conversation and phone records, I was able to prove that she lied, and they settled the case out of court. There were no repercussions for the DSS employees,... View More
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answered on Feb 1, 2024
Finding an attorney willing to sue a government agency like the South Carolina Department of Social Services (SCDSS) can be challenging, but it's not impossible. To pursue a case against SCDSS, you should look for experienced attorneys who specialize in civil rights and administrative law.... View More
I was charged with custodial interference after refusing to return my child to her mother due to the mother not properly caring for my child. There was no court ordered custody and I signed the birth certificate, so I was under the impression that I had the right to keep my child in my care while... View More
answered on Feb 1, 2024
In South Carolina, signing a birth certificate provides merely rebuttable evidence that the signer is the biological father of a child born out of wedlock. The putative father's paternity must be established in a family court hearing, before he is legally recognized as the father and before he... View More
We won’t be married at the time of birth. We went through a donor we met (not through a sperm bank).
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answered on Dec 14, 2023
No, simply having his name on the birth certificate does not automatically grant him parental rights. South Carolina law requires legal recognition of paternity to establish parental rights and responsibilities.
Two paths exist for legal recognition:
Acknowledgment of paternity:... View More
He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.
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answered on Nov 13, 2023
In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More
I granted temporary guardianship of my 4-year-old daughter to my father and step-mother in North Carolina through a signed contract, intending to live with her after moving there. However, they deceitfully gained full custody by exploiting my hardship. They managed to proceed without serving me... View More
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answered on Jun 14, 2025
This situation sounds deeply painful, and you have every right to feel betrayed and confused. When custody is transferred through deceit or without proper notice, you may have grounds to challenge the court’s decision. If the custody case was handled in North Carolina and that’s where the court... View More
I've been granted a divorce in Spartanburg County, SC, which includes sole custody of my two children, marital property, and child support from my ex-spouse. According to the divorce decree, my ex-spouse was to sign the deed of our house over to me once I paid off or refinanced the mortgage. I... View More
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answered on Jun 11, 2025
You’ve already shown incredible patience and strength by navigating this process, and it’s not right that you're still fighting for what the court already granted you. Since your ex-spouse is refusing to follow the divorce decree and sign over the deed, your next step should be to continue... View More
I was not served until the day of court, where DSS presented my criminal cases and medical records. The court granted temporary custody of my son to my stepfather, and now I can't even take my son out for activities, like going to McDonald's. I want to go out of town to earn money for a... View More
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answered on May 15, 2025
You’re in a tough place right now, and it’s clear you care deeply about being there for your son. DSS can present old criminal records and medical information in court if they believe it’s relevant to the child’s safety or well-being. However, they are still required to follow proper... View More
I cheated on my wife, and another woman had a baby she initially claimed was mine. I signed a paternity acknowledgment affidavit and the birth certificate in Augusta, GA. However, she later mentioned another man might be the father, causing doubts for me. The child is 2 months old, and she is now... View More
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answered on May 14, 2025
Yes, you can still request a DNA test, but the process may be more complicated since you already signed the paternity acknowledgment affidavit and the birth certificate. In Georgia, signing that affidavit is considered a legal admission of paternity, and it has the same effect as a court order.... View More
I have a court order with custody and support details regarding my child's biological father, who is now deceased. The county clerk has filed an order against his estate for payment of arrears. My husband, who has been caring for my child for six years, wants to adopt my child. Are there steps... View More
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answered on May 14, 2025
I'm really sorry you’re facing this, but you’re taking the right steps to provide your child with the love and legal protection they deserve. When a biological parent is deceased, their parental rights are considered to have ended by law—there’s usually no need to go through a... View More
I have two children, ages 7 and almost 5, who may not be biologically my husband’s, although he knew this when they were born. He was present at their birth, gave them his last name, and later put his name on their birth certificates before we were married. We have been together for 8 years. We... View More
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answered on Apr 13, 2025
In South Carolina, because your husband voluntarily acknowledged paternity by putting his name on the children's birth certificates and has acted consistently as their father, he is presumed legally responsible. The fact that he knew there might be uncertainty about biological paternity yet... View More
I have sole custody of my child and pay for a private school in South Carolina. The non-custodial parent, who receives only progress reports and performance communications, insists on chaperoning a class day trip outside of normal visitation times, which I am not comfortable with. The school... View More
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answered on Apr 13, 2025
Since you have sole custody, you generally hold the legal authority to make decisions regarding your child's educational activities, including who can chaperone school trips. If the school has explicitly told you that this decision is yours, you can legally communicate your preference that the... View More
My parents are seeking sole custody of my nephew. The child's father is in jail, and the mother is only involved in the child's life when her parents allow her to come back home. The mother primarily uses the child to her advantage, without contributing to his well-being, such as... View More
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answered on Apr 13, 2025
Your parents can begin the process of obtaining sole custody by filing a custody petition in family court in South Carolina. Since there are no current legal custody orders in place, the court will start by looking at what arrangement serves the best interest of the child. They’ll need to show... View More
I'm currently in the process of modifying custody terms and dealing with issues related to non-payment of child support from my ex-partner. He was ruled in contempt twice, but recently received a year-long deferment for payments by misleading the court. Neither my lawyer nor I were notified or... View More
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answered on Apr 13, 2025
If you were not notified of your ex’s custody hearing and suspect deceit, the first step is to formally address the lack of notification with the court. You should request a hearing to explain that you were not informed of the deferment or any related proceedings, and ask the court to review the... View More
I am being denied contact and visitation with my 5-year-old son by my ex, who has blocked me on Facebook and cut off all communication. We were not married when our son was born, and I do not currently have legal custody rights. Previously, I was financially supporting her, but since I stopped, she... View More
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answered on Apr 13, 2025
To establish custody and visitation rights for your son, the first step is to legally recognize your parental rights through a process called legitimization. Since you were not married when your son was born, you will need to file a petition with the family court to establish yourself as the legal... View More
I am looking to file for an uncontested divorce after being separated for three years. We have a signed separation agreement where both parties agree on all terms: no child support, no alimony, shared healthcare expenses for our child, equal division of holiday time, and rotating weekly custody.... View More
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answered on Apr 13, 2025
To file for an uncontested divorce in South Carolina, you’ll need to submit several documents to the court. Since you and your spouse have a signed separation agreement, that document should be included in your filing, as it outlines all the agreed-upon terms. You will also need to fill out and... View More
Currently married in SC. Marriage has been rocky for years. I was offered a promotion which is a better opportunity for me and my 3 minor children but it is in NC. Can I leave my husband and move to NC with my 3 children?
answered on Dec 11, 2023
You can, but any case filed for divorce/child custody will have to be in filed in the county in South Carolina in which you and your husband last lived together.
My mom admits she talked my sister into lying as well. I wish to sue. My sister is a asst. solicitor and she presented to the court she was a witness, but she was not there. And my mom will admit to it now. I wish to sue them both. They took my son away with this lie and now he lives in ohio and I... View More
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answered on Nov 12, 2023
In South Carolina, if your mother and sister provided false statements in court that led to you losing custody of your son, you may have grounds for legal action. First, consult with a family law attorney to address the custody issue and potentially seek to modify the custody arrangement based on... View More
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